CASE COMMENT: PROCEDURES - FRENCH LAW - INTERIM PROCEEDINGS

Interim relief proceedings: The French Competition Council applies stricter conditions to grant interim relief (Bouygues Telecom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Decision No. 04-MC-02 of the Competition Council marks an important change in the conditions for granting protective measures. Hitherto, prior to examination of the merits of the application in the light of the conditions for granting it laid down by Article L. 464-1 of the Commercial Code, that is to say, the existence of serious and immediate harm to the general economy, to that of the sector concerned, to the interest of consumers or to the complainant undertaking, the case-law has required that it be found that the practice complained of is prima faciae likely both in its existence and in its classification. After having hesitated on the degree of the

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Valérie Michel-Amsellem, Interim relief proceedings: The French Competition Council applies stricter conditions to grant interim relief (Bouygues Telecom), 9 December 2004, Concurrences N° 1-2005, Art. N° 1348, pp. 106-107

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